MRCI ® WorkSource PERSONNEL POLICIES, PRACTICES AND PROCEDURES FOR THE MRCI WORK PROGRAM July 2013 Creating innovative and genuine opportunities for people with disabilities or disadvantages to support their community participation. Copies of this handbook can be made available in Braille, large print, tape, compact discs, and other languages on request. Contact your counselor for a copy. MRCI WorkSource Values We value the people we serve. We believe that everyone has unique abilities and each person has the right to access services of their own choosing. We value relationships. Successful outcomes are founded on individual relationships between the people we serve and our staff members. We believe that both our staff and clients have the right to be treated with respect and dignity. We value individualized planning. We provide the supports necessary in assisting everyone to reach their goals and dreams and to lead self-directed lives. We value interdependence and collaboration. To be integral and successful community members, we all need the support of others. We believe in working together and forming partnerships to achieve successful outcomes. We value leadership and accountability. We believe in a decision-making process that is creative and responsive to the ever-changing needs and desires of the people we serve. To do this, we seek input from our participants in all program areas TABLE OF CONTENTS I. Page INTRODUCTION ....................................................................................................................... 1 II. GENERAL INFORMATION ...................................................................................................... 1 A. Statement of MRCI Policies/Human Rights ........................................................................ 1 B. Your Rights Under Minnesota Data Practices Act and Rules ............................................ 2 C. Review/Update of Handbook .............................................................................................. 4 D. A Plan to Help you .............................................................................................................. 4 III. PERSONNEL POLICIES/PROCEDURES ............................................................................... 8 A. Purpose ............................................................................................................................... 8 B. Conditions of Work ............................................................................................................. 8 1. Hiring ............................................................................................................................. 8 2. Hours ............................................................................................................................. 8 3. Attendance .................................................................................................................... 8 4. Lunches ......................................................................................................................... 8 5. Breaks ........................................................................................................................... 8 6. Layoff ............................................................................................................................. 9 7. Retirement ..................................................................................................................... 9 8. Snow Emergency Procedures ...................................................................................... 9 C. Wages ................................................................................................................................. 9 D. Benefits ............................................................................................................................. 10 1. Worker's Compensation ............................................................................................. 10 2. Holidays ....................................................................................................................... 11 3. Sick Leave ................................................................................................................... 11 4. Vacation ...................................................................................................................... 13 5. Other Leaves ............................................................................................................... 14 6. Reimbursable Expenses ............................................................................................. 16 7. Mankato YMCA Membership ...................................................................................... 16 8. Placement in Regular Industry, Change in Program Assignment .............................. 16 9. Placement in Community-Based Work ....................................................................... 16 E. Client Committee............................................................................................................... 17 F. Safety, Clothing & Conduct Rules .................................................................................... 17 G. Health ................................................................................................................................ 20 H. Disciplinary Action ............................................................................................................. 20 I. Conflict Resolution ............................................................................................................ 22 J. Grievance Procedure ........................................................................................................ 22 IV. JOB ASSIGNMENT, DESCRIPTIONS & FILLING OF POSITIONS ..................................... 24 A Job Assignment ................................................................................................................. 24 B. Job Descriptions ............................................................................................................... 24 C. Filling of Positions ............................................................................................................. 24 D. Policy on Becoming an MRCI Staff Member ..................................................................... 25 V. CLIENT ASSISTANCE PROJECT ......................................................................................... 25 A. About Project..................................................................................................................... 25 B. When Should you Contact ................................................................................................ 25 C. Advocacy Service .............................................................................................................. 25 D. Office of Ombudsman for Mental Health and Mental Retardation ................................... 26 E. Vulnerable Adults .............................................................................................................. 26 I. WELCOME TO MRCI MRCI welcomes you as an extended employee client. Becoming a client is another step in your rehabilitation program and a counselor has been assigned to assist you in achieving your vocational goals. Your counselor and other staff, who may work on your behalf, are chosen based on their qualifications, experience and proven ability to provide you with the highest quality service. MRCI maintains high standards of education and requires on-going training for your staff. If you have questions about your staff person’s qualifications, please feel free to ask them. If at any time you, your counselor or any other program staff recognize a conflict of interest in serving you, they will disclose this to you and make arrangements to eliminate the conflict or assign you to a different staff. If you are interested in the costs of services paid, you may ask your counselor and they will show you what the services cost. In the extended employment work program you will receive benefits like paid vacation and holidays. At a community based work site you can be paid by MRCI and receive the benefits explained in this manual or you can be paid by the place where you are working. If the work site pays you, they will decide what benefits you will get. The reason for being in the Extended Employment Work Program is to improve your work skills in anticipation of community employment. The expectation for the Extended Employment client is to function with a level of independence. Before/after work time, breaks and lunches are unsupervised. Supervision is provided during work hours. Extended Employment program staff do not administer medications or provide regular personal cares. Your new responsibilities and benefits as well as policies and rules affecting you as a client are explained in this manual. If you are classified as a temporary client you do not receive benefits like vacation, holiday, etc. II. GENERAL INFORMATION A. MRCI POLICY AND HUMAN RIGHTS MRCI’s purpose is to provide services that improve skills and independence to help you find and keep a job. 1. We don’t treat anyone different because of race, gender, religion, spirituality, color, creed, national origin, age, sexual orientation, marital status, sex or disabling condition. We do not tolerate bias or harassment regarding any of the above. 2. You will be told of services available. 3. You have the right to an active role in planning your program. 4. We will discuss your job performance with you. 5. When you have questions, we will help you find an answer. 6. We will respect your privacy rights. 7. You have the right to know of any other agency that is working on your program. 8. We will keep you informed regarding any job site changes. 9. We will provide you with a safe place to work. 10. MRCI follows federal law that requires us to make special arrangements for you because of your disability. If you need special arrangements, ask your counselor. Page 1 11. MRCI provides accessible buildings and programs. This includes the hiring of people with disabilities as staff, volunteers or to become members. 12. We do not allow physical, verbal or psychological abuse. We report any suspected abuse or neglect to the vulnerable adult workers. 13. We don’t permit any sexual harassment. 14. We don’t allow anyone to take advantage of you financially. 15. We don’t allow anyone to mistreat you or retaliate against you for any reason. 16. We don’t allow anyone to shame you or embarrass you for any reason. 17. You have the right to refuse to participate in research projects. 18. See B #5 for other rights. B. YOUR RIGHTS UNDER MINNESOTA’S DATA PRACTICES ACT AND HIPAA INCLUDE: Federal and State Laws require this agency: To protect your privacy To explain our need for and use of information about you. To explain your rights about information about you. 1. PRIVACY Most of the information we collect about you is classified as private. That means you and the government agencies that need the information can see it; others cannot. Occasionally data will be taken from the information we collect about our clients. This is public and open to anyone, but it will not identify you in any way. 2. ACCESS BY YOU You can see all public and private records about yourself every six months unless a disagreement is going on. To see your file, go to your counselor and ask to see your records. You will be asked to complete a form called “Request for Access to Protected Health Information”. We will arrange for you to see your file within five working days from the date of request (an extra five working days may by used if needed). Only data classified as confidential, by law, will be withheld from review. You may also let someone else see your records. A staff member must be present when you review your file. Any review is without charge, but you will be charged for copies. Remember to bring identification with you when you go to see your records. You have the right to disagree with any of the information in your records. If you want to question any information talk to your counselor or contact MRCI's Chief Executive Officer. You have the right to put in your own explanation of anything you disagree with in your records. You will be asked to complete a form called “Request for Amendment of Protected Health Information”. MRCI will act on your request within 30 days. You have the right to appeal our decision about your data challenge. Your appeal must be made in writing to the Commissioner of Administration, State of Minnesota, 305A Centennial Building, 658 Cedar Street, St. Paul MN 55155. You have 60 days to file your appeal. Tell the Commissioner that you are appealing a decision we made about your data challenge. Your notice of appeal should Page 2 include your name, address and phone number, the name of the agency involved in your appeal, the nature of the challenge, why you disagree with our decision and the desired result of your appeal. Also include any letters about your challenge that you have sent or received. 3. ACCESS BY GOVERNMENT Some employees of this agency will have access to information about you anytime their work requires it. By law some other government and contractor agencies will also be able to get information about you if they provide a service to you or if they provide a service to this agency that affects you and requires access to your records. The other agencies that may have information about you are: Agencies which provide services to you or as specified on forms or by staff Any person or agency you authorize access. Details about how the information we collect about you will be shared is provided on one or more of the forms you will fill out when you apply for services. Information is also available from the staff persons who work with you. 4. COLLECTION OF INFORMATION Some of the reasons we collect information are listed below. Because this list covers many programs, some of the purposes will not apply to your information. We will tell you why we need the information. It might decide if you can work with us; To decide how services are funded; To develop treatment guidelines; To prepare reports and studies; (You will not be identified in the reports or studies.) To evaluate and review programs. Your records will be destroyed seven years after you leave MRCI. 5. OTHER RIGHTS State and federal laws protect other rights when you give information to a government agency. You have the right to refuse to give information that is not, under the law, considered necessary for your participation in a program; You have the right to refuse to give any information; (If you do not give needed information, you may not be eligible for the services or assistance for which you are applying.) You have a right to receive confidential communications from us by other means or at certain locations. This request must be made in writing. Contact your counselor to obtain the request form. You have a right to ask us not to use or disclose any part of your protected health information for the purposes of programming, payment or health care operations. Your request must be in writing and must state the specific restriction requested and to whom you want the restriction to apply. You have a right to receive a summary of certain disclosures that have occurred 6 years prior from the date of your request of your protected health information. This right applies to disclosures for purposes other than programming, payment or healthcare operations. It does not include disclosures we may have made to you, to family members or friends involved in your care, or for notification purposes. You have a right to receive a copy of the Notice of Privacy Practices. All new clients will receive this notice when they begin services; all active Page 3 clients received this notice on April 11, 2003, by mail. See your counselor if you wish to receive another copy of this notice. 6. MINORS If you are a minor, you have the right to request that information about you be kept from your parents. This request should be in writing and both explain the reason for keeping data from your parents and show that you understand what this means. If you have any questions about this, ask the staff person who works with you. 7. ADMINISTRATIVE RECORDS Access to administrative records is controlled by the Chief Executive Officer. To see these, a request should be sent to the Chief Executive Officer. 8. WHOM TO CONTACT If you have any questions regarding the Data Practices Act or any of the information above, write to: Commissioner of Administration State of Minnesota 50 Sherburne Avenue St. Paul MN 55155 Telephone: (612) 296-6733 or 1-800-657-3721. Any questions you may have can be directed to your counselor. Grievance issues will be handled through our grievance procedure located on page 22 of this handbook. C. REVIEW OF UPDATING THIS BOOK This manual will be reviewed annually with input from clients and management and the revised manual will be reviewed with all clients. D. A PLAN TO HELP YOU You get to your job and career goals by planning your supports. Supports are services from MRCI or others that help you keep your job, help you find another job, or help your employer keep you working. At least once each year, you and MRCI write a plan that includes your choices of job goals and work setting, and what MRCI will do to help you reach these goals. This is your Support Plan. You can request a meeting when you want changes made to your Support Plan. The purpose of the meeting is to find out if you want a different job goal, or if you need different support services. Family members, friends or others may help you to reach your goals. You can have them at your Support Plan meeting. You or MRCI might also invite a social worker, supervisor, or anyone who could be helpful in making your plan. Notices about your meeting, talk during the meeting and your written Support Plan need to be in the primary language read or spoken by you or the person who can legally speak for you. If you need Braille, large print, or another language to understand your Support Plan, MRCI should provide this for you. A Support Goal or Objective Should Say: What you want or need to do What supports are necessary to do it How it will get done Who is responsible for doing it When, or by when How you will know that it is done Page 4 Some examples of support services might be: Coaching on how to do your work well and learn new skills on the job. Keeping in touch with you to know how you are doing and what you need. Helping you to do your work safely. Changing your work place so you can do or improve your work better, like changes in the height or position of your chair, or changes in work schedule or rest breaks, or changes to your computer. Helping you to learn how to speak up for yourself and say what you need at your job. Training for other people at your work place so they can help you learn your job and carry it out, and include you as one of the group. Arranging for services that you might need, but are not provided at MRCI. Help with learning skills you need to be a successful worker, such as grooming, handling money, or using the bus. Making sure that the people who helped you write your Support Plan stay in touch with you and MRCI. Helping you to learn how to search for work, and to get and keep a job. Finding a job that fits your skills, interests, and support needs and choosing the work settings you like best. Other, similar services that are in your Support Plan and are needed for you to keep your job, improve your performance, or find new or better employment. If you need these or other supports to stay working, or to find the job you want, be sure to include them in your Support Plan. If MRCI cannot give you the support services that you need to reach your job goal, your plan should say how and when you will get it, and what MRCI will do to help you to get that service. Published by Vocational Rehabilitation Services—Extended Employment, a part of the Department of Employment and Economic Development. This information is available in other languages, Braille or large print. Contact: DEED-VRS-Extended Employment, First National Bank Building, 332 Minnesota Street Suite E200, St Paul MN 55101 Voice: 651-259-7376 TTY: 651-296-3900 What Work Do You Want To Do? The most important parts of your Plan are your job and career goals. Rehabilitation Services—Extended Employment (a part of the State of Minnesota) and other agencies pay MRCI for the supports they provide in the following types of work. You should be able to choose different kinds of jobs in these work settings, or work in more than one work setting. Include your choice of job and work setting in your Support Plan. 1. In Supported Employment, your job is in the community with supports from your employer and from MRCI. Your pay, benefits, and work conditions are the same as workers without disabilities who are doing the same kind of work. Someone from MRCI will meet with you and/or your boss or co-workers at least twice a month to provide supports, learn how you are doing, or find out how you like your job. The kind of job you do depends on your skills, interests, abilities, which employers are cooperative, and what jobs are available. MRCI needs documentation of employer paid wages through the timely submission of paystubs. Page 5 2. In Community Employment, your job is at a company in the community with supports from MRCI. * Pay can be less than the customary wage for similar work, which may be above or below minimum wage and/or your job can be away from workers without disabilities. You may be with a group of people with disabilities working together—a work crew or enclave. More job support is usually available in Community Employment than in Supported Employment. 3. In Center-Based Employment, or “in-house”, MRCI is your employer and you work at their building or place of business. Pay is based on how much work you do compared to a standard worker. Most of the people you work with have disabilities. Job support is always available in Center Based Employment. If you choose Center Based Employment, your Support Plan will say why this best meets your needs. Your Plan will say what supports would be necessary for you to work in the community. If you are in Center Based Employment, but want to work in the community, your Plan will be reviewed every six months. You may also be able to get “natural” job supports from your employer with additional help from MRCI, or get help to find a job if you no longer need supports. Your work benefits should be the same as other workers including at least five paid holidays, and you should collect vacation and sick leave as you work. You should also be able to get time off to vote, for military leave, or family medical leave. Statewide information about these types of employment are given on the next page. MRCI will also GIVE you specifics about the kinds of work they support, benefits, your rights and responsibilities, and people you can contact to get more information. What If I Don’t Agree? Signing your Support Plan means you agree with your job and support goals, that you understand and agree with the supports you will be getting, and that you will do what is needed to reach you goals. You may take your Plan home for a few days to think about what it says. Unless you want to make changes, sign your Plan and return it to MRCI. You have a right to disagree with your Support Plan and you may want to make changes. If you aren’t satisfied with your support plan, you can proceed with a complaint or grievance in the policy outlined in this handbook. There may be several steps and there may be time limits. You can have a friend or advocate help you to follow the policy, and they can attend any meetings with you. You have a right to see your rehabilitation records at any time. If you have followed MRCI’s policy for making a grievance—except for binding arbitration—and still are not satisfied, you can appeal to Extended Employment (the agency that oversees this kind of work) by writing to: Minnesota Department of Economic Development Rehabilitation Services – Vocational Rehabilitation Services – Extended Employment First National Bank Building 332 Minnesota Street Suite E200 St Paul MN 55101 Voice: 651-259-7376 TTY: 651-296-3900 Page 6 Support Plan Checklist Be sure your Support Plan answers the following questions and that the answers are true for you. You are the most important person in deciding what should be in the Support Plan. What do you enjoy doing or not doing? In what places do you like or not like to be? With what kinds of people do you work best? What do you do well in any area of your life? What kind of work would you like to do? How many hours a week do you want to work? How much do you want to be paid? Do you need your job to help pay your medical bills? Will getting paid over a certain amount affect other benefits you get? Do you want to work at MRCI’s building or at a different company? Do you want to work as part of a group of people with disabilities or as an individual? If your goals say you want some of each of these, does your Plan say how many hours a week of each you want? If having a job at MRCI’s building is your goal, does your Support Plan have the reasons that this is the best choice? The reasons have to be yours, not the Provider’s. When do you want to reach your different goals? Your Support Plan can include dates for job goals you have right now and dates for job goals you have in the future. What will your job, pay, benefits and support services be like when you reach your goals on this plan? What supports will MRCI give you to get and keep work? You and your family, friends, current or past teachers, your boss or co-workers can share their ideas about kinds of support that are helpful to you. Would you like MRCI to involve your boss and co-workers in helping you learn and do your work as soon as you start a new job? If you do, it should be included in your Support Plan. Would a special piece of equipment help you find a job or improve your work? Does your Support Plan say who will give you each of the kinds of help you need? When will the help start? How long will the help last? If MRCI is unable to give you the help you need to reach your job goals, does your Support Plan say how the Provider will get you the help or equipment you need and how long that will take? Does your Plan have the names of the people that met with you and MRCI to help write your Support Plan and how they know you? Ask MRCI for information about different kinds of work they support including how much you would earn, worker benefits, the kinds of jobs you would be doing and how this compares with other workers in similar jobs and people you can contact to get more information. Does your Plan include your signature or that of the person who is your legal representative? You may take your Plan home for a few days to think about what it says. If you do not want to make any changes, sign your Plan and return it to MRCI. If you want to make some changes, meet with MRCI again. Page 7 III. PERSONNEL POLICIES AND PROCEDURES A. PURPOSE These personnel policies and procedures are to help you understand your benefits as a client as well as your responsibilities. They are meant to help us be fair and help you get along with your supervisors. To help, MRCI will make reasonable accommodation to your needs (including behavior patterns) about conditions and what we do in the workshop, layoffs, recall, job assignment, and in following all of these policies. These policies and procedures cover all extended clients at all MRCI locations and community based sites. There may be a few exceptions to the holiday schedule at some of the community sites. Your counselor will tell you before you begin work at these sites. B. CONDITIONS OF WORK 1. To be hired as a client: a. Application is made and reviewed by the Intake Committee. b. You will be interviewed. c. You must provide requested information. d. If no opening is available, your name will be placed on a waiting list. 2. Hours Hours will usually be from 8:15 a.m. to 4:00 p.m., a 7 1/4 -hour day, Monday through Friday, with an unsupervised half-hour lunch break (without pay). Starting and quitting time may vary depending on your program location. Because of work demands your hours each day may vary. For those working in the community, these hours will vary according to the demands of the work site. There may also be occasional work shortages. If this happens, rather than laying you off, hours may be shortened each day or other program activities arranged during the hours when no work is available. You will not be paid for these hours and you may choose not to attend. If there are days that you come to work and we don’t have work available, you will be paid for downtime. If we have informed you the day before that this will occur, we may not pay for downtime. In this case you may use annual leave or take time without pay. In the event of layoff due to governmental funding, you may not be able to use vacation time. 3. Attendance You are expected to come to work every scheduled day and be on time. It is your responsibility to call on any day you will not be coming in. You will be advised by your counselor as to who to contact if you’re unable to work. Regular attendance is important and if you do not come in on your scheduled days, you will be given an unexcused absence. Holiday pay is dependent on 90% attendance. 4. Lunches (unsupervised) You should bring a sack lunch. There will be microwaves for you to use and may be vending machines or “grab and go” options . The time of lunch breaks may be adjusted as necessary. 5. Breaks (unsupervised) This may vary with work hours. If you are working a six hour or longer day, two fifteen minute rest breaks with pay will be provided. 6. Client Layoff Policy Page 8 a. 7. 8. MRCI will attempt to find work for those who are laid off at other work sites. This may include developing a temporary site or reassignment to another site. If this is done this placement will be reviewed to determine if this is in the client’s and MRCI’s best interest. b. Extended Employment is a work and training program so in the event of a layoff, work shortage or lack of government funding, Extended Employee clients do not qualify for unemployment insurance. Retirement No client shall be required to retire because of age. Snow Emergency Procedures MRCI may be closed due to weather issues and bus schedules affected. If weather related issues cause you to miss scheduled work days, you are expected to take vacation time. If MRCI will be closed or starting late information will be reported to the radio stations Mankato o KTOE-14.20 o KDOG-96.7 o KEEZ-FM-99.1 o KYSM AM-12.30 o KYSM FM-103.5 o KXLP FM 94.1 o BLAZE 95.7 New Ulm o KNUJ 860 AM o KNUJ 107.3 FM Fairmont o KSUM-1370 AM Blue Earth o KBEW-1560 AM Twin Cities locations o WCCO-830) You should listen to your local radio station between 6:30 a.m. and 8:00 a.m. If we are closed in Mankato, you may call 386-5600 for a recorded message. For those who use a TTY/TTD, a Minnesota Relay Service is available at 1-800-627-3529. C. WAGES 1. MRCI follows all provisions of the Fair Labor Standards Act. 2. Wages will usually be paid on a piece work or hourly basis and they will be the same as those paid to other clients employed in the area for the same type of work and are related to your productivity. Hourly paid clients will have an evaluation at least every six months to determine their wage rate. If you are working on a piece rated job and your earned piece rate exceeds the prevailing wage (the rate at which the job was bid) the prevailing rate will be the maximum that you will be paid. Annually, MRCI will complete a wage survey to find out the community’s usual wage and adjust wages accordingly. Any client or guardian of a client, receiving a special sub-minimum wage rate may ask the Secretary of Labor to obtain a review of their wage rate. Such Page 9 3. 4. 5. 6. 7. reviews will be accomplished through formal hearings conducted by administrative law judges of the Department of Labor. You have the right to see any payroll information about yourself, which may include reviewing your production/payroll records. If you are an hourly paid client, you may see the time study, which determined your hourly pay. Upon request, you will be provided with a notice of results of any of your time studies . If you are working on a job that is paid by a piece rate, you may ask your work supervisor or counselor at any time to determine the rate of pay you are earning. Payroll checks will be issued on the 11th and 26th day of each calendar month, with the check on the 26th covering the period of the 1st through the 15th of the month, and the check on the 11th covering the period of the 16th through the 30th/31st. When the 11th or 26th day of a month occur on a Saturday, Sunday, or a holiday, paychecks will be issued the workday closest to the actual pay date. Payroll Deductions If it is required by law, the following will be deducted from your paycheck: a. Federal Income Tax b. State Income Tax c. Social Security Tax d. Medicare Other payroll deductions may be made for which you give your written consent, e.g. transportation. All paystubs are mailed to the address on file. MRCI highly recommends direct deposit. All direct deposit paystubs are mailed to the address on file. Paychecks not on direct deposit will be mailed. Overtime For each hour worked over 40 hours in any one week period, you will be paid one and one half times your average hourly piece rate earnings in the week during which the overtime hours occurred. If you are on hourly pay, you will be paid one and one half times your hourly pay rate. The workweek is the seven-day period Sunday through Saturday. The use of annual leave and sick leave hours does not count toward the 40 hours worked. The overtime pay will be received in the paycheck for the pay period in which the overtime hours are worked. Wage Garnishment Garnishment is when a judge has ordered MRCI to hold part of your pay and pay it to another person. D. BENEFITS 1. Worker’s Compensation a. All clients are covered by Worker’s Compensation Insurance as required by Minnesota Law. The cost of this insurance is paid by MRCI or, if working in the community, the employer paying your wages. b. Every accident, however minor, must be reported to your work supervisor immediately as MRCI must report to the insurance company immediately. MRCI is part of Medial Network for treatment of work-related injuries and requires following procedures outlined by the insurance company. Your supervisor has a copy for your use, if necessary. If you are hurt on the job and miss work or have medical expenses because of this Workers Comp insurance may pay for this. c. Disability benefits, under Minnesota law are paid after the third day of disability; however, if the disability continues for 10 days, benefits will be paid for the first Page 10 2. three days as well. You may use sick leave or annual leave for any days not covered by this. Holidays a. The following holidays are taken by MRCI. Clients may request annual leave from their counselor to observe religious holidays. Full-time and part-time clients get holiday pay and will be paid the average hours worked daily in the six pay periods before, not to be more than eight hours a day. You are a part-time client if your plan is for you to attend less than the usual workday. Those working in community work sites may have a different holiday schedule resulting in their having to work on a day MRCI observes as a holiday in this situation you may be paid for the holiday plus your hours worked. Rescheduling requires advanced approval of your counselor. MRCI paid holidays include: New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving and the day after December 24th through December 31st. 3. To get any holiday pay you must have a paid day before the holiday and you must have attended at least 90% of the hours in the last six pay periods before the holiday. If you are a new client or returning from a leave, you must have at least one full pay period of 90% attendance to get holiday pay. Vacation and sick leave hours for which you are paid are considered hours of attendance. The hours you will be paid on a holiday will be based on the hours and days in a week that you normally work. Exceptions to the policy requiring 90% attendance during the six pay periods before a holiday to get holiday pay may be made when unusual circumstances have occurred that may have affected a client’s attendance. When such has occurred the counselor may recommend holiday pay be granted. All clients, subject to the above provisions, receive twelve paid holidays per calendar year. b. Should any of the holidays fall on a Saturday or a Sunday, the preceding Friday or following Monday will be observed as the holiday. Sick Leave a. All regular full-time clients earn sick leave hours based on 2.31 hours for every 60 hours of paid work and you are allowed to save up to 500 hours of sick leave. Clients hired before 7/2003 that have accumulated more than 500 hours are calculated on a different policy. The chart below reflects this policy. Any questions can be answered by your counselor. b. If you will not be coming to work because of illness, it is your responsibility to call before 8:00 a.m. c. If you become ill while on vacation, you may ask for paid sick leave instead of vacation time. d. Sick leave is used for the illness of clients only, but you may take one-day sick leave in case of illness of a member of your immediate family. This is to allow you to make whatever arrangements are necessary. Sick leave may be used Page 11 e. f. for medical appointments, dental appointments, speech, occupational therapy services and counseling. Immediate family is mother, father, child, sister, brother or spouse and the same by marriage or any other member of your immediate household. If you use up your sick leave, vacation may be used. Sick leave will be granted based on the number of hours you would have been scheduled to work, up to a maximum of eight (8) hours per day. Sick Leave Termination Benefit Sick leave will be calculated based on the number of years of service and the number of hours of sick leave accumulated. Clients terminated or retired will be paid for unused sick leave according to the following schedules but only if they have accumulated 50% or more of the hours they could have accumulated based on their employment with MRCI. Afer 6.5 years After 10 years After 13 years After 20 years After 25 years Minimum accumulated required 400 hours 400 hours 500 hours 500 hours 500 hours % payout Total 15% 20% 30% 40% 50% 60 hours 80 hours 150 hours 200 hours 250 hours For those clients beginning their employment with MRCI prior to July 1, 2003 the maximum annual accumulated amounts could be higher than the 500 noted above, but will never be higher than 1,000 hours. The following schedule will be used to calculate any sick leave payout for clients employed prior to July 1, 2003. Years of Service After 3 After 4 After 5 After 6 After 7 After 8 After 9 After 10 After 11 After 12 After 13 After 14 After 15 After 16 After 17 After 18 After 19 After 20 After 21 Maximum Accumulated 240 320 400 480 560 640 720 800 880 960 1000 1000 1000 1000 1000 1000 1000 1000 1000 Minimum Required 120 160 200 240 280 320 360 400 440 480 500 500 500 500 500 500 500 500 500 Page 12 % Paid 10 10 15 15 15 15 15 20 20 20 20 20 30 30 30 30 30 40 40 Maximum Payoff 24 32 60 72 84 96 108 160 176 192 200 200 300 300 300 300 300 400 400 After 22 After 23 After 24 After 25+ 1000 1000 1000 1000 500 500 500 500 40 40 40 50 400 400 400 500 TERMINATION Any client being terminated with cause or demitted from MRCI programming will not be eligible for any vacation or sick leave benefits. 4. Vacation As a client, you will earn vacation based on your length of work at MRCI. You earn vacation during each pay period as follows: a. During your first and second year of work, a client can earn 2.31 hours per 60 hours worked. The most this would be 80 hours per year. If you work less than 8 hours per day, your annual vacation accumulation will be less. For example, if you are on a 6-hour schedule each day, you will earn 60 hours of vacation in a year. b. During the third, fourth and fifth years of work a client can earn a maximum of 3.46 hours per 60 worked. The most you could earn would be 120 hours of paid work. For example, if you are on a 6-hour schedule each day, you will earn 90 hours of vacation a year. c. Beginning with your sixth year of work a client can earn a maximum of 4.62 hours per 60 hours worked. The most you could earn would be 160 hours of paid work. For example, if you are on a 6-hour schedule each day, you will earn 120 hours of vacation a year. d. New hires as of 7/1/2003 will have as their maximum 80 hours annual leave per calendar year. e. Requests for vacation should be made to your work supervisor at least one week in advance of the day(s) you want to take vacation. f. Vacation will be given based on the number of hours you would have been scheduled to work, up to 8 hours per day. g. When a client has been off MRCI's payroll for 90 days because of competitive placement, all saved vacation hours will be paid according to MRCI policy. If the client returns to MRCI's payroll within six months, the rate of vacation in effect when they left MRCI's payroll will be the same. h. Vacation/Sick Leave hours saved while working for MRCI can be used for hours that could otherwise have been worked for MRCI. Your hourly rate of pay for holidays, sick leave, funeral leave and vacation will be your most recent paid average. The number of hours you will be paid when sick leave, funeral leave or vacation is taken, will be the hours currently being worked up to eight (8) hours per day. With each paycheck you receive, on the check stub is a report of the hours you have coming for both vacation and sick leave. If you disagree with the amount or have questions on them see your counselor. i. Donation of Vacation With the approval of the Chief Executive Officer, you may give vacation hours to another client who has used up all sick leave and vacation due to their serious illness or that of an immediate family member. If the giving client is at a higher wage than the one needing the gift, hours will be given one for one. If the receiving client’s hourly wage is higher than the giving clients, the hours given will be reduced proportionately. Requests to make or receive such Page 13 5. donations should be made in writing to your counselor. j. Vacation Benefit – When you quit: When you quit and/or retire, you will be paid for any unused vacation time. Other Leaves Unless stated differently, all leave requests listed in this section must be made in writing to your counselor. a. Medical, Personal or Emergency Leave You may be given up to 90 days leave without pay for these reasons. All requests of this kind should be made through your counselor who will consider each case, in review with the Intake/Demission Committee. b. Educational Leave Educational leave for clients to develop skills is available by completing a request for training and submitting it for approval by the Chief Executive Officer. If training is of direct benefit to MRCI, you may apply for payment for tuition and you will be paid during the training if it occurs during working hours. If training is not of direct benefit to MRCI, but does lead to a gain in stated vocational goals, the person may be granted necessary time off with the approval of the Chief Executive Officer. No pay will be granted. c. Military Leave If you are called into any type of military training or service you will be granted leave for a period not to exceed two weeks in any calendar year. Saved vacation may be used for this purpose, or you will be paid the difference between your military pay and regular pay as a client. d. Jury Duty When a client has been selected for jury duty, the person will be paid at his/her average hourly or piece rate, the higher of the two, for the previous 90 days less the stipend received as jury pay for any time missed from work, or you may have the necessary time off without pay or use vacation and keep any stipend provided you as a juror. Items b, c, d, and e require the Chief Executive Officer's approval. e. g. Parental Leave for Purpose of Birth or Adoption Following Minnesota law, MRCI will give up to six weeks of unpaid leave to clients who have worked for at least 12 months (averaging a minimum of 20 hours per week) before the request of leave. You may decide how much time off you need up to six weeks. You have the choice of when the leave starts; however the leave cannot start later than six weeks after the birth or adoption. If the child remains in the hospital longer than the mother, the leave may start later than six weeks after the birth or adoption, but may not start later than six weeks after the child leaves the hospital. Use of accrued sick leave will not reduce the parental leave available to you. Family and Medical Leaves of Absence Policy A family and/or medical leave of absence is a leave of absence available to eligible clients for up to 12 work weeks of unpaid leave in any 12 month period. Leave may be taken for the following reasons: Family Leave Page 14 The birth of your child; Adoption of a child or taking a child into foster care in order to care for that child. Medical Leave When necessary to care for a child (as defined below), spouse, or parent who has a serious health condition; When you are unable to do your job because of a serious health condition. Child is defined as "A biological, adopted or foster child, a stepchild, a legal ward, or a child of a person "standing in loco parentis" who is under the age of 18, or 18 years of age or older but incapable of self-care because of a mental or physical disability." Eligibility for Family or Medical Leaves of Absence If you have worked at MRCI for at least 12 months and you worked at least 1,250 hours during the 12-month period just before your leave, you may take up to 12 work weeks of Family or Medical leave. (If you can’t get Family leave, but have worked at least half-time for at least twelve (12) consecutive months before your request, you may be entitled to Parental Leave, as described in section D. Benefits, 5. Other Leaves. Amount of Leave You may take to up to 12 work weeks of leave in any 12-month period when you take a leave for one or more of the reasons described above. The 12 work weeks per year are based on individual year. For example, a person who requests FMLA in June will have 12 work weeks of FMLA available until July the following year. Family Leave If you and your spouse both work at MRCI, you may take up to a total of twelve work weeks of leave (rather than twelve work weeks each) for the birth of a child, adoption of a child, or taking a child into foster care in order to care for that child. Medical Leave If you and your spouse both work at MRCI, you may take up to a total of twelve workweeks of leave (rather than twelve workweeks each) for the care of a sick parent. Medical leaves taken to care for your spouse, child, or yourself will be granted for up to twelve workweeks each to you and your spouse. Notice and Procedures for Requesting Leave If you know that you will be taking a Family or Medical Leave because of the birth, adoption or placement of a child in your home, or because of a planned medical treatment, you must notify your supervisor at least 30 days before. If it requires that the leave begin in less than 30 days, you must tell your supervisor as soon as you can. Certification Required for Medical Leaves In the case of Medical Leaves, MRCI requires a note from your Doctor to be given to your supervisor as soon as you can. It should be on a form supplied by MRCI. The note will include the date you got sick, how long it might last, and appropriate medical facts concerning the condition. If you want a Medical Leave for your own health problem, the note must also say that you are unable to do your job. If you are seeking Medical Leave to care for a family member, the note must also state that you are needed to care for the family member and an estimate of the amount of time you will need. Page 15 MRCI may require a second medical opinion and periodic re-check of the medical problem. This will be at MRCI's expense. If the medical opinion obtained by MRCI from your physician, is different than yours, MRCI may, at its own expense, require the opinion of a third health care provider chosen by you and MRCI. The third opinion will be binding. Additional Conditions of Medical Leave If medically necessary for your serious health condition or that of your spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule. If leave is requested because of this, however, you may be required to change jobs with the same pay and benefits which better fits periods of absence or a part-time schedule. Use of Paid Leave When your Family and Medical Leave begin you must use your accumulated paid annual leave or paid sick leave time. Reinstatement In most cases, you will be returned to your old job or a comparable job after your leave. The benefits which you got before the leave are maintained during your leave. In the case of medical leave for your own serious illness, you may be required to provide a doctor’s statement for return to work. h. Funeral Leave You may be excused to attend funerals of members of your immediate family with pay for up to three days. Your immediate family in this case is your mother, father, child, sister, brother, spouse, grandparents, grandchild and the same by marriage. i. Voting Time Upon request, you will be granted time off work without reduction in your pay, to vote in any official state or national election. j. Leaves for School Conferences Parents may ask for up to 16 hours per year to visit their children's school up through the end of their secondary education. This leave will be unpaid and only for visits that cannot be scheduled during the person's time off. The time will be figured from the end of the school year in June. 6. Reimbursable Expenses a. If MRCI asks you to represent the agency at meetings, travel, food, lodging and incidental expenses will be paid by MRCI according to an agreed upon schedule. You may be granted time off work with pay to attend a conference or meeting of an organization to which you belong if the conference or meeting is related to your job or MRCI's purposes and your counselor grants prior approval. In addition to pay for hours away from work, MRCI will reimburse expenses incurred as outlined above. 7. Reduced fee for Mankato YMCA membership is available through the YMCA. If interested, contact your counselor. 8. Placement in Regular Industry, Change in Program Assignment or other Interruptions in Your Program at MRCI. a. MRCI will help in seeking regular employment to any person meeting the minimum standards for regular employment. b. If you lose a job for reasons beyond your control after 60 days, you will be given priority for re-entry. This may depend upon work availability. 9. Placement in Community-Based Work Community Based Work is intended to offer clients who are interested in a choice Page 16 of where they work and the chance for work in a community based work setting. If work is not available in your community site for more than one day, you may have the option, on the recommendation of your counselor, to return to MRCI until community work begins. E. CLIENT COMMITTEE A Client Committee of MRCI clients will be elected annually at each location to meet six times a year for the following purposes: 1. To talk about the work operations which concern them. 2. To address safety concerns, a client is appointed to the MRCI Safety and Health Committee. 3. To receive suggestions on program matters and to answer questions. 4. To make recommendations about work to the people in charge. 5. To review once a year, these policies and procedures and recommend changes, additions and deletions to management. 6. To review any changes to these policies and procedures as submitted by MRCI, prior to adoption. 7. Copies of committee meeting minutes are reviewed by the Chief Executive Officer for approval of any recommendations or suggestions. 8. To plan social events. 9. To review vulnerable adults issues. 10. Administrative staff will meet with the committee at each MRCI location that has a committee no less than twice a year. Any suggestions that you may have to improve working conditions will be given consideration by contacting a committee member or by use of suggestion days (2 days per year). 11. Client/Staff Relations We recognize that relationships between staff and clients will happen. Because of these relationships, guidelines must be made to avoid placing clients or staff in situations that might hurt their well- being or livelihood. MRCI policy does not permit relationships between staff and clients that are personally intimate, i.e. dating or marrying. This includes sexual activity of any sort. If clients and staff choose to interact as friends in a non-sexual relationship the following rules must be followed: The staff person must contact the staff’s MRCI counselor and tell them of their wish to be with the client away from the work setting. The Counselor in turn will tell the staff's supervisor and if needed other members of the client’s team. If there are no objections to the activities or friendship of the staff and client it may continue. In case this relationship becomes harmful to the client’s well- being as judged by the client’s team, the MRCI staff will be told to end the relationship. No interactions of a financial nature are allowed between staff and clients. Staff will be aware that the Minnesota Vulnerable Adults Act does apply to our clients and will maintain all of their relationships within the context of that law. F. SAFETY, CLOTHING AND CONDUCT RULES Any safety concerns you may have should be given to your Client Committee Representative. MRCI reserves the right to take actions that it deems appropriate to provide a safe and Page 17 reasonable work environment. MRCI has legitimate expectations of client behavior at work including appropriate response to supervision and direction, cooperation with supervisors and co-workers and following MRCI policies and procedures. Clients will conduct themselves following the standards set forth in this employee handbook. Misconduct, such as possession of a weapon, being under the influence of alcohol or drugs, fighting, theft, abusive language, inappropriate sexual behavior and the like will result in a disciplinary action including immediate suspension. MRCI reserves the right to call upon law enforcement authorities, if necessary. Disciplinary actions will be determined by the severity of the misconduct. Every disciplinary problem is different and the seriousness of the problem will determine the course of action to be taken. MRCI maintains safety as a high priority. 1. Conduct These rules, unless specified, apply to MRCI buildings, grounds, some community work sites and transportation vehicles. a. Smoking, the sale of smoking materials or the use of tobacco products or smokeless cigarettes are not permitted except in designated areas. Containers for cigarette butts are located in the designated smoking area. People are asked to deposit the cigarette butts in these containers. b. You must report to your workstations at the beginning of a work period and must remain in the work area unless instructed to do otherwise by your work supervisor. c. Sleeping on the job is not allowed. d. No music players, headphones, ear buds, wireless/with wire players or other electronics are allowed at MRCI community sites or on the work floor except on the basis of a client’s individual rehabilitation plan and in accordance with the policy of each MRCI location. Clients will be made aware of current policy at each site through the intake process and any changes to policy will be communicated in a timely manner. Changing job requirements at different MRCI locations will determine both policies and changes to policies based on safety requirements. MRCI would prefer that all music players be wireless. Inappropriate use of music players, including excessive volume may result in loss of this privilege. Safety is the top priority. e. No more than one person may be in a chair at any one time. No feet on tables or chairs. f. No borrowing or lending is allowed. g. No public displays of affection (PDA) are permitted. h. No eating, drinking, or use of tobacco products are allowed in production or warehouse areas. These activities are permitted in designated areas only. i. No shouting, threatening, foul or abusive language or gestures are allowed. Pushing, shoving, fighting, wrestling and cutting in line are not allowed. j. No sitting or lying on the floor anywhere in the building. l. No reporting to work under the influence of, or possessing or using alcohol or illegal drugs. m. No possession of firearms and knives is allowed on MRCI grounds, in MRCI buildings or in MRCI vehicles. If you need any cutting tool for your work this will be provided by your supervisor. n. No stealing. o. No sabotaging (the slowing down of work or deliberate spoiling) of work Page 18 2. 3. product or property. p. No insubordination (a general lack of cooperation with MRCI rules, refusal to follow orders or individual program plans). q. No making noise to startle others or to attract attention, e.g. dropping pallets. r. No telephone calls over 5 minutes on the public pay telephone and community phone in lobby. s. No bothering or distracting co-clients while at work. t. Lockers are to be kept cleaned and locked at all times. u. No littering. v. Personal cell phones will be off during work time. You may use them at break time. All cell phones should be kept with your personal belongings. Clothing and Hygiene: a. No halter tops, tank tops or short shorts. Clothing that includes offensive language or graphics, advertising alcoholic beverages, drugs, offensive or obscene behavior is not permitted. b. Daily personal hygiene is required. Odor from lack of cleanliness may require requests to change clothes or bathe. c. No open toed shoes allowed. Shoes must be worn at all times during the day. Appropriate and safe footwear is required in the work area. d. Purses, bags or other carry along possessions are not allowed in the work area. e. All clothing must be clean. No ill-fitting, (loose or tight), torn, chains, oversized jewelry, scarves, lanyards or unsafe loose items. Safety a. Conceal and Carry Law: MRCI permits no guns or weapons in any of it’s buildings. Signs are posted at the entrance of all MRCI buildings to indicate this policy. b. All accidents, including minor cuts, scratches, splinters, and burns must be reported to your supervisor immediately or any other staff if your supervisor is unavailable. c. All tools will be used only for the purpose intended and in the approved manner as instructed by the supervisor. d. Keeping MRCI neat and clean is everyone’s responsibility. e. General cleanliness and orderliness at worksites will be practiced at all times. f. There will be no loitering or crowding around power equipment. g. Unauthorized people must not operate power equipment. g. Eye protection, hard hats, dust masks and protective shoes will be worn when working in designated work areas. h. Any sharp objects found should not be touched and should be reported immediately to your supervisor. i. All rags, solvents, and flammable materials will be kept covered in proper containers. j. Do not lift heavy things without help. All lifting will be done in the approved manner. k. Hair must be neatly trimmed or secured. l. No running or horseplay. m. Careless operation of power wheel chairs is not allowed. n. Right to Know Act - If you are asked to do work that requires use of any chemicals you will be informed of this prior to the work and what, if any, precautions should be taken. o. If you are riding an MRCI vehicle and it is equipped with seat belts, the use of Page 19 p. q. G. the seat belt is required. If you have a concern about the accessibility of your work area or program you are encouraged to talk to your counselor. Allergies of any kind should be communicated at the time of intake for new clients and to your counselor for clients that have been with MRCI. Should you develop an allergy please communicate that immediately to your counselor. MRCI has a variety of jobs that could include food, latex and cleaning supplies. In order to keep our employees safe we need to make sure they are not exposed to any items that may cause an allergic reaction. This includes any newly developed allergies or HEALTH It is very important for each person who comes to MRCI to be aware of healthful living practices. Healthful living will help to protect each of you from becoming ill and it will help stop diseases from spreading from one person to another. Some of the common diseases that you can spread by contact with others are: Colds Head lice Chicken Pox Flu Pink Eye Respiratory infections (bad coughCold sores Impetigo bronchitis) If you are sick, you should contact your counselor to see if you should be at work or should stay home. If you stay home, you need to call your MRCI counselor before you are scheduled to work. Healthy living tips include: 1. Good thorough washing of your hands. You need to use soap and warm running water. Good hand washing is the most important thing you can do to stop the spread of disease. You need to wash for at least 15-20 seconds. 2. When coughing cover your cough/sneeze on your sleeve. Use disposable tissues. 3. Always wash hands thoroughly after using the bathroom. 4. You should not share your food or drink with other people. This can result in spreading disease and might also be harmful to someone who is on a special diet. While you are working at MRCI or anywhere in the community, these are some things you should know: If someone around you is injured, find a staff person immediately. Do not attempt to care for an emergency situation by yourself. DO NOT touch anyone else's blood, vomit, or diarrhea. If someone scratches you, bites you or hurts you in any other way, contact a staff person immediately. If someone has a seizure or is behaving differently, contact a staff person immediately. Hepatitis B vaccinations are offered to all MRCI Extended Employment clients. If you have questions contact your counselor. No one is required to have the vaccinations, although specific work sites do require clients to have Hepatitis B vaccination. Every person needs to help maintain MRCI as a safe and healthy place to work. H. DISCIPLINARY ACTION Disciplinary action may result from a violation of work rules and policies. Depending on the seriousness of the offense and the number of incidents, penalties range from a verbal warning, a written warning, suspension, to demission. The purpose of disciplinary action is to correct the behavior and encourage good work behaviors. Disciplinary procedures will be handled in a private setting. Page 20 There are three types of recorded disciplinary action, verbal warning, written warning, suspension without pay, which may lead to demission. *Disciplinary Action form will be used to document all discussion about violations. 1. Verbal Warning: Will be documented for file. 2. Written Warning: Will be issued to the client, in person by a counselor. The client will sign a copy of the warning for inclusion in your case file. 3. Suspension without pay: A written suspension notice will be given to the client, in person if possible, by the counselor. 4. Demission: Reason(s) for demission will be presented to the Intake/Demission Committee which must approve the decision. The results of the demission process will be sent by certified mail to the address on file. 5. Any client who is demitted will not be eligible for vacation and sick leave payout of their benefits. All workers have a right to object to any written warnings and disciplinary actions via the Grievance Procedure. (See Section J. GRIEVANCE PROCEDURE) 6. Administrative Leave With or Without Pay: This may be used when it is in the client’s or Agency’s best interest that the client not be at work. This may be the result of a problem, or potential problem that is under investigation, and may be used until the problem is resolved. This issue is subject to the Intake/Demissions Committee’s approval for work related violations. Reasons for Disciplinary Action This list is not all inclusive, each situation will be dealt with on an individual basis. Violation Smoking in non-designated area Sleeping on the job Leaving work station without permission Quitting work early Throwing things Threatening another person Fighting on company property Inappropriate dress or cleanliness Personal cell phone use during work hours Intentional slowdown Absent for extended period without notice (more than one day) Personal work on company time Insubordination Excessive absenteeism * Tardiness Page 21 The following are violations that will result in immediate suspension. You will be suspended until MRCI confirms the length of suspension or possible demission with you and your team. Arson Theft Assault Terrorist threats Sexual harassment Breaking/Destroying MRCI property Reporting to work under the influence of, in possession of, or use of alcohol or illegal drugs. I. CONFLICT RESOLUTION MRCI’s goal is to provide you with a comfortable and safe work place where you can be productive. There may come a time however, where you have a conflict or disagreement with someone at work. This could be with one of your co-workers, your work supervisor or with your counselor. You are encouraged to try to work out your differences by talking directly with each other and trying to find a solution to your disagreement. If you need help in doing this, your supervisor or counselor can help you by meeting with you and the other person to help come up with a solution. If you have a conflict with your work staff or counselor, you may ask that their supervisor meet with you and help in resolving the problem. You may also ask a family member or someone else from your team to sit in if you think that is needed. If your issue is still unresolved and is grievable under MRCI’s Grievance Policy (see section J. below), you may use this process to solve your issue. In any case, our goal is to help you solve the problem with minimal interruption in your work program. J. GRIEVANCE PROCEDURE 1. Definition A grievance is any problem, dispute, or difference of opinion between any one or several clients and MRCI concerning the interpretation or application of the Personnel Policies for clients of MRCI. MRCI will not allow any retaliation or mistreatment to you because of a grievance action. Action taken, consistent with a behavioral management program with the consent of the client’s team members is not subject to the grievance process unless the consequence imposed is suspension or firing of employment. Only Section III "Personnel Policies and Procedures" of this handbook are grievable. Other work related issues in this handbook or not in this handbook are not grievable. Discussions will take place at the facility during hours the client would customarily be at that location unless the person agrees otherwise. A person filing a grievance and any co-workers they wish to represent them will be given a reasonable amount of time off work, with their regular pay, to present and discuss their grievance with MRCI at each step in the process. Any such grievance must be presented to MRCI in accordance with the procedural steps that follow within ten (10) working days of the occurrence of the incident leading to the grievance. Any grievance not presented within ten (10) working days shall be considered resolved. Page 22 For purposes of the time frames specified in the following procedures the day of occurrence or action is not counted and the last day of any time period is included. 2. Procedures Step 1 a. Clients must attempt to settle potential grievances through discussion with their work supervisor and/or counselor. A client may request permission to leave their workstation to discuss their grievance. Permission will be granted at appropriate times so as not to disrupt the usual work routine. b. If such discussion does not resolve the situation to the client’s satisfaction you may put your concern in writing. Your counselor will meet with you to discuss the issue within five (5) working days of receiving the grievance. They will respond to your grievance within three (3) working days following the meeting. You may have representation (an advocate or co-worker) of your choice at this meeting. Step 2 If the grievance is not resolved to your satisfaction, you may contact the Vice President of Programs or Branch Manager within five (5) working days following notice of the decision in Step 1b. The grievance will be considered resolved if a written grievance is not submitted within the five (5) working day period. If a written grievance is submitted, the Vice President or Branch Manager shall confer with the appropriate parties within five (5) working days of the receipt of the written grievance and submit a written answer on the grievance to the client within five (5) working days after such conference. Step 3 If you are still dissatisfied with MRCI's response and wish to appeal the decision, you have five (5) working days to appeal in writing to the Chief Executive Officer. The CEO will contact you to address the issue. You will receive an answer from the CEO within ten (10) working days following the discussion. If no appeal is submitted within this period of time the grievance will be considered resolved. The MRCI Board of Directors has delegated the authority to the CEO to make decisions concerning grievances and is considered to be the highest level of authority at MRCI. Step 4 If you are dissatisfied with the recommendation of the CEO, you have ten (10) working days to refer the matter to binding arbitration. If you do not indicate a desire to arbitrate the matter within the allocated time, the grievance will be considered settled on the basis of the CEO’s recommendation. If either MRCI or the client, wish to arbitrate the matter, the arbitrator will be selected as follows: a. By mutual agreement by both the client and MRCI, or, if no agreement can be reached, b. By obtaining from the American Arbitration Association or similar organization agreed to by both the client and MRCI a list of five persons who have agreed to have their names listed for that specific purpose and allowing the client and MRCI to strike names alternatively until one name is left. Page 23 * The arbitrator shall: a. Have no right to add to, subtract from, or modify the personnel policies. b. Consider and decide only the specific issue or issues submitted in writing by the grieved person or MRCI. c. Have no authority to make a decision on any other issue. d. Be without power to make decisions contrary to, inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. e. Provide both parties a written decision including findings of fact and reasons for the decision. * Arbitration expenses shall be assessed in the following manner: a. If the arbitrator finds in favor of MRCI, the client may be required to pay part of the arbitration expenses. In no circumstances shall a client be required to pay the expenses of arbitration unless that person's income and resources are such that he or she could reasonably be expected to bear a portion, but not more than 50 percent, of these fees and expenses. b. MRCI shall pay the arbitration costs when the arbitrator finds in favor of the client. c. The allocation of fees and expenses shall be made by the arbitrator. This grievance procedure does not preclude recourse to protection under state or federal civil rights acts, or utilization of client advocates, etc. These grievance procedures will be explained in detail to each client upon entering the Extended Employment programs and annually at the time of the review of this handbook. MRCI will not allow any retaliation or mistreatment to you because of a grievance action. This grievance policy does not preclude recourse to protection under state or federal civil rights act; nor does it prevent the utilization of client advocates. IV. JOB ASSIGNMENT, DESCRIPTIONS & FILLING OF POSITIONS A. JOB ASSIGNMENT MRCI will make every reasonable effort, depending on availability of work, to assign you to a job that will fit your best skills. MRCI will also make reasonable accommodations to enable you to work your best. These include job modification and restructuring and modification of equipment. Clients are expected to accept assignments both in the center and in the community. B. JOB DESCRIPTIONS Most work that you will perform is classified as assembly and/or packaging. There are, however, other jobs within MRCI you may on occasion perform such as Machine Operator, Janitorial, or Material Handling. For each there is a written job description which outlines the responsibilities involved in performing the work. On request, a formal job description will be supplied to you for a specified job. C. FILLING OF POSITIONS On occasion MRCI may seek to find someone to perform certain types of work like those listed above and in addition such jobs as dishwasher, warehouse work, etc. When these openings occur they may be posted on the bulletin board and verbally announced, and if you are interested the notice will tell you the qualifications and what to do if you are interested in applying. Page 24 D. POLICY ON BECOMING AN MRCI STAFF MEMBER All job openings for staff jobs are open for anyone to apply. They are posted at all locations. Postings include any requirements there may be for training or experience. If a client meets requirements they will be considered along with all other applicants. If an MRCI client is working at or near a competitive wage level (piece rate or time study) doing a job normally done by MRCI Staff, MRCI is obligated to review their situation in order to establish their eligibility for hire as a staff person. If the client is able to consistently perform competitive level work without supports they can request consideration for potential hiring. The individual will be told of potential losses in benefits as well as possible benefits at that time. V. CLIENT ASSISTANCE PROJECT A. ABOUT THE PROJECT Federal legislation requires that each State receiving funds under the Rehabilitation Act of 1973 designate a Client Assistance Project to ensure the clients and potential clients of State and Local rehabilitation programs receive the services and benefits available to them under the Act. The Legal Aid Society of Minneapolis is the designated Client Assistance Project for Minnesota. Project staff is available on a statewide basis to assist individuals who have difficulty obtaining needed rehabilitation services from an agency or program, which receives funding under the Act. B. WHEN SHOULD YOU CONTACT THE CLIENT ASSISTANCE PROJECT? If you are having problems related to the services of the Workforce Rehabilitation Services, State Services for the Blind, or local rehabilitation programs funded under the Rehabilitation Act of 1973. If you feel you have been incorrectly terminated or found ineligible for services. If you have been denied specific services and you wish to appeal. If you are generally confused by the whole rehabilitation process and have unanswered questions about vocational rehabilitation. If you have suggestions, or ideas to improve rehabilitation services. C. ADVOCACY SERVICES: Information: Will explain your rights, benefits, and responsibilities as a client or potential client of a program providing services under the Rehabilitation Act of 1973. Referral: May suggest other community service programs or resources to meet your rehabilitation needs if appropriate. Service suggestions: Will help you review the eligibility decisions and rehabilitation service plans affecting your program with Workforce Rehabilitation Services, State Services for the Blind, or local rehabilitation programs providing services under the Rehabilitation Act of 1973. Problem Solving: Will mediate discussion between you and the staff or administrators of rehabilitation programs to improve understanding and communication about the rehabilitation process and the options available to you under the Rehabilitation Act of 1973. Legal Advocacy: Will represent you in administrative reviews, appeals, fair hearings, or other appropriate legal remedies. Page 25 To Contact the Client Assistance Project with a question, concern, or complaint, call or write: Client Assistance Project Phone: 612/332-1441 or 338-0968 (Voice) Legal Aid Society of Minneapolis 612/332-4668 (TDD) 222 Grain Exchange Building Statewide Toll-Free 1/800-292-4150 (Voice or TDD) 323 Fourth Avenue South Minneapolis MN 55415 D. OFFICE OF OMBUDSMAN FOR MENTAL HEALTH AND MENTAL RETARDATION If you have a question concerning a complaint you may call or write the: Office of Ombudsman for Mental Health and Mental Retardation Suite 202 Metro Square Building St. Paul MN 55101 Phone: 1-800-652-9747 E. VULNERABLE ADULTS Minnesota has a law concerning the maltreatment of Vulnerable Adults. The law provides for help to those who have difficulty helping themselves and also provide a help for those who have been abused by others responsible for their care and treatment. This law prohibits physical, verbal, psychological, and/or sexual abuse or neglect. If you feel you have been mistreated by people responsible for your care or have observed others being mistreated you may file a complaint with the authorities in the county in which you live or discuss your concerns with your counselor. The following are the telephone numbers of the authorities responsible for investigating vulnerable adults abuse reports in each of the counties in our region. You may call the number for the county office and ask for the Vulnerable Adults Worker. Blue Earth County – (507) 304-4273 Brown County – (507) 354-8246 Dakota County - (651) 554-6000 Carver County - (952) 361-1600 Cottonwood County – (507) 831-1891 Faribault County – (507) 526-3265 Le Sueur County - (612) 357-2251 Martin County – (507) 526-3265 Nicollet County – (507) 934-8559 Ramsey County – 612-266-4444 Scott County - (612) 445-7751 Sibley County - (612) 237-2978 Waseca County – (507) 835-3240 Watonwan County – (507) 375-3294 Page 26
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